By Angela Christy M and Ruchika Khanna
March 12 (Reuters) - Cosmetics giant Estee Lauder
Companies ( EL ) on Thursday said it filed a lawsuit against
British entrepreneur Jo Malone, her fragrance brand "Jo Loves"
and Zara's UK business for the use of Malone's name on certain
productsas the U.S. firm owns the brand.
Estee Lauder Companies ( EL ) bought Malone's self-named perfume
brand - and the rights to use her name - in 1999. Malone left
the company in 2006 and launched a new fragrance label, "Jo
Loves", in 2011.
The company said the use of "Jo Malone" on the packaging of
"Jo Loves" fragrances sold by Zara formed the basis of the
lawsuit, which was filed in a British court on Wednesday.
Malone had agreed with the U.S. company to not use the "Jo
Malone" name in certain commercial contexts, including the
marketing of fragrances, a company spokesperson said in a
statement.
"Ms Malone's use of the name "Jo Malone" in connection with
recent commercial ventures goes beyond that legal agreement and
undermines Jo Malone London's unique brand equity," the
spokesperson added, referring to the company's agreement with
Malone.
Malone, along with the others, is being sued by Estee Lauder ( EL )
for breach of contract, trademark infringement and "passing off"
- a term referring to misleading consumers into thinking goods
or services are those of another company, according to the
spokesperson.
Zara UK's parent Inditex and Jo Loves did not
immediately respond to requests for comment. Malone could not be
immediately reached. The Financial Times first reported on the
lawsuit.
Reuters checks on Zara's UK website show that the "Jo Loves
Collab" fragrances contain the line, "Created by Jo Malone CBE,
founder of Jo Loves." It was not immediately clear whether this
also appears on the product packaging or when products bearing
Jo Malone's name were put up for sale by Zara.
The legal action comes at a time when Estee Lauder ( EL ) and other
cosmetics companies have been cashing in on an uptick in demand
for fragrances led by Gen Z consumers.
Last month, Estee Lauder ( EL ) sued Walmart ( WMT ) in the U.S.,
accusing the retail giant of selling knockoffs of Estee Lauder ( EL )
fragrance and skin care brands including Clinique, Tom Ford and
Le Labo.